DOCSLIB.ORG

A Commentary on the African Commission's General Comment on the Right to Freedom of Movement and Residence Under Article 12(1)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
A Commentary on the African Commission's General Comment on the Right to Freedom of Movement and Residence Under Article 12(1) Journal of African Law, 65, S1 (2021), 131–151 © The Author(s), 2021. Published by Cambridge University Press on behalf of SOAS University of London. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited. doi:10.1017/S0021855321000061 A Commentary on the African Commission’s General Comment on the Right to Freedom of Movement and Residence under Article 12(1) of the African Charter on Human and Peoples’ Rights Romola Adeola* University of Pretoria, South Africa [email protected] Frans Viljoen** University of Pretoria, South Africa [email protected] Trésor Makunya Muhindo*** University of Pretoria, South Africa [email protected] Abstract In 2019, the African Commission on Human and Peoples’ Rights adopted General Comment No 5 on the African Charter on Human and Peoples’ Rights: The Right to Freedom of Movement and Residence (Article 12(1)). In this general comment, the commission elaborated on the right to freedom of movement and residence within state borders. This issue, while explicit in international human rights law, is a challenge within various jurisdictions, including in Africa. This article provides a background to and commentary on General Comment No 5, leveraging on the insight of the authors, who participated in its drafting. Unlike the UN Human Rights Committee’s earlier gen- eral comment, General Comment No 5 provides detailed guidance on the internal dimension of the right to free movement and residence. As “soft law”,itspersuasive force depends on a number of factors, including its use at the domestic level, its visi- bility and its integration into regional human rights jurisprudence. Keywords The right to freedom of movement and residence, African Charter, article 12, African Commission on Human and Peoples’ Rights, general comment, Africa * Coordinator, Global Engagement Network on Internal Displacement in Africa; fellow, Centre for Human Rights, Faculty of Law, University of Pretoria. ** Director, Centre for Human Rights, Faculty of Law, University of Pretoria. *** Doctoral candidate, Centre for Human Rights, Faculty of Law, University of Pretoria. Downloaded from https://www.cambridge.org/core. IP address: 170.106.202.226, on 23 Sep 2021 at 19:42:48, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0021855321000061 JOURNAL OF AFRICAN LAW VOL ,NOS INTRODUCTION The right to freedom of movement and residence is vital to furthering human development.1 Mobility is intimately intertwined with the exercise of human autonomy and is integral to the well-being of individuals and groups. Article 12 of the African Charter on Human and Peoples’ Rights (African Charter)2 embodies this right in its composite construction. It captures the various dimensions of movement: exit out of a country, entry into a country and movement within the borders of a state. In recent years, there has been a regional drive towards free movement of persons as an imperative for eco- nomic integration.3 Given that creating pathways for ease of movement across national territories is required in developing national economic potential, there has been an increase in the relaxation of regulations in order to facilitate movement across borders. While article 12(2)–(5) of the African Charter deals with other aspects of mobility across state borders, and between states,4 article 12(1) expresses one of the specific dimensions captured in article 12: movement and residence within the borders of a state.5 It reads: “[e]very individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law”. In 2019, the African Commission on Human and Peoples’ Rights (African Commission) adopted a general comment to provide guidance on the content of state obligations under article 12(1): General Comment No 5 on the African Charter on Human and Peoples’ Rights: The Right to Freedom of Movement and Residence (Article 12(1)) (General Comment No 5).6 1 J Klugman Overcoming Barriers: Human Mobility and Development (UN Development Programme, Human Development Report 2009, Palgrave Macmillan), available at: <https://www.preventionweb.net/files/11269_HDR2009ENComplete1.pdf> (last accessed 2 January 2021). 2 African Charter on Human and Peoples’ Rights (1981). 3 Protocol on Free Movement of Persons, Right of Residence and Right of Establishment in Africa, adopted by the African Union Heads of State and Government, 30th ordinary ses- sion, Addis Ababa, Ethiopia, January 2018. 4 These sub-arts provide: “(2) Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restric- tions, provided for by law for the protection of national security, law and order, public health or morality. (3) Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with the law of those countries and international conventions. (4) A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. (5) The mass expulsion of non-nationals shall be pro- hibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or reli- gious groups.” 5 F Ouguergouz The African Charter on Human and Peoples’ Rights: A Comprehensive Agenda for Human Dignity and Sustainable Democracy in Africa (2003, Kluwer Law International) at 121. 6 The full document is available at: <https://www.achpr.org/legalinstruments/detail?id= 74> (last accessed 2 January 2021). For an academic commentary on the issues emerging Downloaded from https://www.cambridge.org/core. IP address: 170.106.202.226, on 23 Sep 2021 at 19:42:48, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0021855321000061 GENERAL COMMENT ON RIGHT TO FREEDOM OF MOVEMENT This article aims to provide a background to and commentary on General Comment No 5. As General Comment No 5 deals with article 12(1) of the African Charter, this article limits its focus to movement within the borders of the state. The article is divided into five substantive parts. First, it reflects on the importance of the right to free movement and residence in African his- tory, highlighting issues that explain the need to pay attention to this right within the region. The article then establishes the rationale for the adoption of General Comment No 5. The next part examines the drafting history of General Comment No 5, giving background information on the development process. The article then provides a commentary on the provisions of General Comment No 5, reinforcing pertinent issues and subject areas covered in the general comment. Finally, the article focuses on the soft law nature of General Comment No 5, highlighting that its impact will be a matter of moral and pol- itical persuasion rather than binding legal authority. Overall, the article aims to provide insight into the content of the right to free movement and resi- dence in the furtherance of the effective implementation of the African Charter as a whole. THE IMPORTANCE OF FREE MOVEMENT AND RESIDENCE IN AFRICA Mobility is part of human history. The fact that people move has been an inte- gral part of human development across various epochs of African history, in pre-colonial, colonial and post-colonial Africa. In pre-colonial times (predating the notion of the nation state and rigid boundaries), free movement was largely taken for granted. Before the emer- gence of the nation state, the governance structures in Africa, such as king- doms, empires, chiefdoms and other polities, mostly operated at a limited geographic scale. Within each settled community, variable systems deter- mined who would be part of, and allowed to settle within, a polity. Some trad- itional practices had a far-reaching impact on movement and residence, such as the practice of widows being expelled by the husband’s family, losing their property in the process.7 Movements in the colonial state were patterned along economic opportun- ities under colonial rule.8 Under the erstwhile apartheid regime in South Africa, movements were racialized and restricted for political reasons. Restrictions on movement and residence were at the core of a process of social contd from General Comment No 5, see generally C Beyani Human Rights Standards and The Free Movement of People Within States (2000, Oxford University Press). 7 E Uchechukwu “Post-colonialism, gender, customary injustice: Widows in African soci- eties” (May 2002) 24/2 Human Rights Quarterly 424. 8 For further discussion, see R Adeola “The African Union Protocol on Free Movement of Persons in Africa: Development, provisions and implementation challenges” (2019) 3 African Human Rights Yearbook 260. Downloaded from https://www.cambridge.org/core. IP address: 170.106.202.226, on 23 Sep 2021 at 19:42:48, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0021855321000061 JOURNAL OF AFRICAN LAW VOL ,NOS engineering aimed at the mass relocation of South Africa’s black population away from “white” areas. Apartheid South Africa pass-laws required “black” South Africans to have authorisation to be within particular (“white”) areas. In an attempt to enforce geospatial apartheid, under a system of migrant labour men were required to perform arduous labour within burgeoning industries and mines, while women and children were left behind in “reserves” or “homelands”. The Blacks (Abolition of Passes and Co-ordination of Documents) Act No 67 of 1952 (Pass Laws Act) consolidated various pass laws into one nationwide pass law, which made it compulsory for all black South Africans over the age of 16 to carry a “passbook” at all times within white areas.
Load more

Recommended publications
  • Algeria Joint Submission to the UN Universal Periodic Review 27Th Session of the UPR Working Group
    Algeria Joint Submission to the UN Universal Periodic Review 27th Session of the UPR Working Group Submitted 22 September 2016 Submission by CIVICUS: World Alliance for Citizen Participation, NGO in General Consultative Status with ECOSOC And Ibn Khaldoun Center for Research and Maghrebi Studies (IKCRMS) CIVICUS: World Alliance for Citizen Ibn Khaldoun Center for Research and Participation Maghrebi Studies CIVICUS UPR Lead, Email: UPR Lead Ammar Djeffal [email protected] Email: [email protected] Ms Renate Bloem, Email: [email protected] Tel: +213 (0)662826248 Fax: +213 (0)23817103 Tel: +41 22 733 3435 Web: www.civicus.org 1. (A) Introduction 1.1 CIVICUS is a global alliance of civil society organisations and activists dedicated to strengthening citizen action and civil society around the world. Founded in 1993, we proudly promote marginalised voices, especially from the Global South, and have members in more than 160 countries throughout the world. 1.2 Ibn Khaldoun Center for Research and Maghrebi Studies (IKCRMS) is a Research Institute dedicated to the documentation and research in the key issues of democratic transition in Algeria, Tunisia and Morocco, economic and social rights and public freedoms processes. 1.3 In this document, CIVICUS and IKCRMS examine the Government of Algeria’s compliance with its international human rights obligations to create and maintain a safe and enabling environment for civil society. Specifically, we analyse Algeria’s fulfilment of the rights to freedom of association, assembly, and expression and unwarranted restrictions on human rights defenders (HRDs) since its previous UPR examination in May 2012. To this end, we assess Algeria’s implementation of recommendations received during the 2nd UPR cycle relating to these issues and provide a number of specific, action-orientated follow-up recommendations.
    [Show full text]
  • Pan-Arabism and the United Arab Republic by Michael Habib
    Pan-Arabism and the United Arab Republic by Michael Habib A Thesis Submitted to the Faculty of The Wilkes Honors College in Partial Fulfillment of the Requirements for the Degree of Bachelor of Arts in Liberal Arts and Sciences with a Concentration in History Wilkes Honors College of Florida Atlantic University Jupiter, Florida May 2016 Pan-Arabism and the United Arab Republic By Michael Habib This thesis was prepared under the direction of the candidate’s thesis advisor, Dr. Christopher Ely, and has been approved by the members of his supervisory committee. It was submitted to the faculty of The Honors College and was accepted in partial fulfillment of the requirements for the degree of Bachelor of Arts in Liberal Arts and Sciences. SUPERVISORY COMMITTEE: ___________________________ Dr. Christopher Ely ____________________________ Dr. Douglas McGetchin ______________________________ Dean Jeffrey Buller, Wilkes Honors College ____________ Date i ABSTRACT Author: Michael Habib Title: Pan-Arabism and the United Arab Republic Institution: Wilkes Honors College of Florida Atlantic University Thesis Advisor: Dr. Christopher Ely Degree: Bachelor of Arts in Liberal Arts and Sciences Concentration: History Year: 2016 This thesis seeks to analyze Pan-Arabism through the lens of the United Arab Republic. I argue that even though the UAR faced many internal issues, it ultimately failed due to external pressures. I argue this to provide a new perspective on the Middle East and the Arab world, by showing how it came to be as it is. I organize my thesis into four chapters: I. Introduction: Arab Unity and its Limits, II. The Marriage of Syria and Egypt, III.
    [Show full text]
  • Country Profile of Algeria a Review of the Implementation of the UN Convention on the Rights of the Child August 2011
    Country Profile of Algeria A Review of the Implementation of the UN Convention on the Rights of the Child August 2011 This publication is fully funded by SIDA (Swedish International Development Coop- eration Agency). SIDA has not taken part in its production and does not assume any responsibility for its content. The Child Rights Governance Programme in Save the Children Sweden’s Regional Office for the Mid- dle East and North Africa implemented the activities of the Manara Network: A Civil Society for Child’s Rights in the Middle East and North Africa Region. Work on Child Rights Governance aims to build societies that fulfil children rights by establishing and strengthen- ing the infrastructure necessary for states to effectively implement the United Nations Convention on the Rights of the Child and other child rights obligations. It seeks to support a vibrant civil society pushing children up the po- litical agenda and holding states to account for what they have or haven’t done to realise children’s rights. It is an ef- fective strategy for impacting at scale the lives of millions of children, resulting in structural and lasting change. Our long-term vision is that far more children have their rights fulfilled because: • All states meet their obligations to monitor and imple- ment children’s rights • A strong civil society, including children, holds states and the international community to account for chil- dren’s rights To advance this vision the Child Rights Governance Programme will have significantly contributed to two key objectives:
    [Show full text]
  • State-Formation and Patronage Networks: a Comparative Analysis of Berber-State
    State-Formation and Patronage Networks: A comparative analysis of Berber-State relations in Morocco and Algeria Sihem Attalah Political Science Department McGill University Montreal, Quebec October 2019 A thesis submitted to McGill University in partial fulfillment of the requirements of the degree of Master of Arts © Attalah, 2019 2 PAGE INTENTIONALLY LEFT BLANK 3 ABSTRACT This article seeks to account for the different relationships between the central government and Berber populations in Morocco and Algeria—The first case being largely integrative and the other frequently conflictual. Through a comparative historical analysis, it highlights the dual importance of the legacies of French colonial rule on one hand, and post-colonial configurations of political power on the other. Both variables were essential in shaping the extent and the composition of power networks in Morocco and Algeria, which defined the relationship Berber communities had with the central authority. EXTRAIT Cet article vise à interroger les relations entre populations berbères et gouvernement central marocain d'une part et gouvernement central algérien d'autre part. Si dans le cas du Maroc, la stratégie employée se montre portée sur l’intégration, l'approche algérienne se révèle beaucoup plus conflictuelle. Cette analyse historique comparative a pour objectif de mettre en lumière l'importance de l'héritage colonial français, tout comme celle de l'architecture du pouvoir politique contemporain. Ces deux variables ont déterminé la portée et la composition des réseaux de pouvoir au Maroc et en Algérie, ce qui a eu pour effet de façonner les relations des communautés berbères avec le gouvernement. 4 ACKNOWLEDGEMENTS This work would not have been possible without the help and patience of my supervisor Rex Brynen, and for that I am very thankful.
    [Show full text]
  • January 2020
    Country Policy and Information Note Algeria: Internal relocation and background information Version 1.0 September 2020 Preface Purpose This note provides a summary of and links to country of origin information (COI) for use by Home Office decision makers handling particular types of protection and human rights claims. It is not intended to be an exhaustive survey of a particular subject or theme. It is split into two main sections: (1) general background to the country concerned, including demography and geography; and (2) issues which may be relevant to protection claims. Unlike country policy and information notes, it does not contain an assessment of risk, availability of protection or reasonableness of internal relocation. Decision makers must, however, still consider all claims on an individual basis, taking into account each case’s specific facts. Country of origin information The country information in this note has been carefully selected in accordance with the general principles of COI research as set out in the Common EU [European Union] Guidelines for Processing Country of Origin Information (COI), dated April 2008, and the Austrian Centre for Country of Origin and Asylum Research and Documentation’s (ACCORD), Researching Country Origin Information – Training Manual, 2013. Namely, taking into account the COI’s relevance, reliability, accuracy, balance, currency, transparency and traceability. The structure and content of the country information section follows a terms of reference which sets out the general and specific topics relevant to this note. All information included in the note was published or made publicly available on or before the ‘cut-off’ date in the country information section.
    [Show full text]
  • Insides ILO.Fm
    This publication provides an overview of status and trends regarding the constitutional, legislative and administrative protection of the rights of indigenous peoples in 24 selected African countries. Overview Report of the Research Project by the International Labour Organization and the African Commission on Human and Peoples’ Rights on This report provides the results of a research project by the International Labour Organization and the African Commission’s Working Group on Indigenous Communities/Populations in Africa with the Centre for Human Rights, University of Pretoria, acting as implementing institution. The project examines the extent to which the legal framework of 24 selected African countries impacts the constitutional and legislative protection of on and protects the rights of indigenous peoples. the rights of indigenous peoples For an electronic copy of this report and of the 24 country studies, see www.chr.up.ac.za/indigenous in 24 African countries African Commission on International Labour EUROPEAN Human and Peoples’ Rights Organization Published with the support of: COMMISSION Copyright © 2009 International Labour Organization and African Commission on Human and Peoples’ Rights First published 2009 For rights of reproduction or translation, permission should be obtained by both the ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected], and the Information and Documentation Centre, African Commission on Human and Peoples’ Rights, PO Box 673, Banjul, The Gambia, or by e-mail: [email protected] <mailto:[email protected]> . ILO/ACHPR Overview report of the research project by the International Labour Organization and the African Commission on Human and Peoples' Rights on the constitutional and legislative protection of the rights of indigenous peoples in 24 African countries / International Labour Office.
    [Show full text]
  • Euromed Rights February 2021
    The Rise and Impact of Government-Organised Non- Governmental Organisations (GoNGOs): another tool of repression of independent civil society Case studies on Algeria, Egypt and Turkey EuroMed Rights February 2021 Rue des Comédiens 22, 1000 Bruxelles, Belgium +32 (0) 2 513 37 97 – [email protected] - www.euromedrights.org Table of Contents ACRONYMS 4 INTERNATIONAL FRAMEWORK ON FREEDOM OF ASSOCIATION 5 INTRODUCTION 6 METHODOLOGY AND SCOPE OF THE STUDY 6 EXECUTIVE SUMMARY 7 1. ALGERIA 11 a. Legal Framework and Restrictive Practices 11 b. Case Study #1: Women’s Rights Organisations in Algeria – A Struggle for Equal Rights 14 c. Case Study #2: Crackdown on Trade Union Plurality and Independent Trade Unionists 16 2. EGYPT 19 a. Legal Framework and Restrictive Practices 19 b. Case Study #3: Crackdown on Women’s Rights Organisations 22 c. Case Study #4: A Movement Wiped Out by the Authorities – Independent Trade Unions in Egypt 24 4. TURKEY 27 a. Legal Framework and Restrictive Practices 27 b. Case Study #5: Alternative Narratives in Women’s Rights and Emerging Actors 30 c. Case Study #6: Criminalisation of outspoken trade unionists, anti-union discrimination and reprisals 31 5. CONCLUSIONS 35 6. RECOMMENDATIONS TO RELEVANT INTERNATIONAL ACTORS 36 To the EU 36 To the UN 37 3 Acronyms ACHPR – African Charter on Human and Peoples’ Rights ACHR – Arab Charter on Human Rights CSO – Civil society organisation ECOSOC – United Nations Economic and Social Council ECHR – European Convention on Human Rights EU – European Union EuroMed Rights
    [Show full text]
  • Algeria's Constitution of 1989, Reinstated in 1996, with Amendments Through 2016
    PDF generated: 26 Aug 2021, 16:54 constituteproject.org Algeria's Constitution of 1989, Reinstated in 1996, with Amendments through 2016 Historical This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:54 Table of contents Preamble . 3 Title 1: THE GENERAL PRINCIPLES GOVERNING THE ALGERIAN SOCIETY . 5 CHAPTER I: Algeria . 5 CHAPTER II: The People . 6 CHAPTER III: The State . 7 CHAPTER IV: Rights and Freedoms . 9 CHAPTER V: Duties . 16 Title 2: ORGANISATION OF POWERS . 18 CHAPTER I: The Executive Power . 18 CHAPTER II: The Legislative Power . 25 CHAPTER III: The Judicial Power . 35 Title 3: SUPERVISION, ELECTIONS OBSERVATION AND CONSULTATIVE INSTITUTIONS . 38 CHAPTER I: Supervision . 38 CHAPTER II: Elections Observation . 41 CHAPTER III: Consultative Institutions . 42 Title 4: ON CONSTITUTIONAL AMENDMENT . 44 TRANSITORY PROVISIONS . 45 Algeria 1989 (reinst. 1996, rev. 2016) Page 2 constituteproject.org PDF generated: 26 Aug 2021, 16:54 • Source of constitutional authority • Motives for writing constitution Preamble • Preamble • Reference to country's history The Algerian people are a free people; and they are resolved to remain so. Stretching back over thousands of years, their history is marked by a progression of exertion and struggle that has turned Algeria into an everlasting seedbed of freedom and a land of glory and dignity. Ever since the Numidian era and the Islamic Conquest, and up until the wars of liberation against colonialism, Algeria has always known at the epic moments witnessed in the Mediterranean basin how to find amongst her children pioneers of freedom, unity and progress, as well as builders of prosperous democratic states throughout the epochs of grandeur and peace.
    [Show full text]
  • Algeria Constitution
    CONSTITUTIONAL DOCUMENTS AVAILABLE for ALGERIA Constitution of Algeria [*] [Editor's Note: This text has been integrated to include all amendments to the original document. These changes have been highlighted for easy identification.] Table of Contents Preamble Title I THE GENERAL PRINCIPLES GOVERNING THE ALGERIAN SOCIETY CHAPTER I ALGERIA CHAPTER II THE PEOPLE CHAPTER III THE STATE CHAPTER IV CONCERNING THE RIGHTS AND LIBERTIES CHAPTER V THE DUTIES Title II THE ORGANIZATION OF THE POWERS CHAPTER I THE EXECUTIVE POWER CHAPTER II THE LEGISLATIVE POWER CHAPTER III THE JUDICIAL POWER Title III CONCERNING THE CONTROL AND THE CONSULTATIVE INSTITUTIONS CHAPTER I CONTROL CHAPTER II THE CONSULTATIVE INSTITUTIONS Title IV CONCERNING CONSTITUTIONAL REVISION Preamble The Algerian people is a free people, decided to remain free. Its history is a long chain of battles which have made Algeria forever a country of freedom and dignity. Placed in the heart of the great moments which the Mediterranean has known in the course of its history, Algeria has found in its sons, from the time of the Numidian Kingdom and the epic of Islam to the colonial wars, its heralds of liberty, unity and progress at the same time as the builders of democratic and prosperous states in the periods of grandeur and of peace. November 1, 1954 should have been one of the crowns of its destiny, the result of its long resistance to the aggressions directed against its culture, its values and the fundamental components of its identity which are its Arab-ness [l’Arabité] and Amazighité [Al’- Mazighia] ; the first of November should have solidly anchored the battles waged in the glorious past of the Nation.
    [Show full text]
  • Jennifer Gitiri – Boldizsár Dr. Szentgáli-Tóth the Organic Laws in Africa And
    Jennifer Gitiri – Boldizsár dr. Szentgáli-Tóth The organic laws in Africa and the judicial branch: a brief contextual analysis The impact of organic laws to the constitutional adjudication and to the judicial branch in Africa Introduction The concept of organic law has been spread more than 50 countries around the world, and it has been denominated by various terminologies such as qualified or institutional laws, however in the interest of uniformity this paper shall use the term organic law. This paper explores the scope of organic law and its role in the development of constitutionalism in Africa, especially in the field of constitutional adjudication, and the structure of the judiciary. Nevertheless, the relevant European models will be also kept in mind as contextual elements, and as crucial point of references for the African development. The main goal of this contribution is two-folded. On the one hand, the academic literature has not been analysed in depth the characteristics and potential classification of African organic laws, therefore, as for starters, we attempt to provide a general framework of this issue, with a mostly descriptive character. For this reason, relatively long chapters will cover the background and the context of African organic laws. Although their essentially summarizing character, these parts are indispensable, as the basic framework of African organic laws have not been outlined earlier by relevant academic contributions. Some of the issues to be addressed include the historical overview of organic laws, its spread into Africa especially its effect on the stability of key institutions and the protection of fundamental rights and freedoms on the continent.
    [Show full text]
  • "Individual Access to Constitutional Justice"
    2nd International Seminar Conference of Constitutional Jurisdictions of Africa - CCJA On the theme: "Individual access to constitutional Justice" Co-organized with The Constitutional Council of Algeria Algiers, from 24 to 27 November 2017 1 | P a g e Table of Contents No Title of the speech Presented by page 01 History on the creation of the CCJA Secretariat of CCJA 5-6 02 Pictures of CCJA Headquarters Secretariat of CCJA 7-8 03 Program of Seminar Secretariat of CCJA 9-11 04 Welcome Address Mr. Mourad MEDELCI, 12-15 President of the Constitutional Council of Algeria 05 Opening speech Hon. Mr. Mogoeng Mogoeng 16-23 Chief Justice of the Republic of South Africa, President of CCJA 06 “Individual Access to Constitutional Prof. Dr. Zühtü Arslan 24-30 Justice in Turkey” President of the Constitutional Court of Turkey 07 « The Exception of Ms. Marcelline C. GBEHA- 31-40 unconstitutionality in Benin: AFOUDA Organisation and internal Judge at the Constitutional Court of procedures » Benin 08 “The exception of Hon. Mr. Adel CHERIF 41- 45 unconstitutionality in Egypt” Vice-president of the Supreme constitutional Court of Egypt 09 “Individual Access to Constitutional Hon. Mr. Tsegay Asmamaw 46 - 53 Justice: Ethiopian Experience” Deputy Chief Justice of the Supreme Court & 2 | P a g e The Vice Chairman of the Council of Constitutional Inquiry (CCI) of Republic of Ethiopia 10 “The constitutional, legislative and Mr. Mohamed HABCHI 54 - 67 regulatory framework related to Vice-President of the exception of the Constitutional Council of Algeria unconstitutionality in Algeria” 11 "The constitutional, legislative, and Mr. Laurent Fabius, 68 - 73 regulatory framework in relation to President of the exception of constitutionality in the Constitutional Council of the France" French Republic 12 “The power of the trial judge in Hon.
    [Show full text]
  • Human Rights Human
    ARAB ORGANIZATION FOR HUMAN RIGHTS FOR HUMAN ORGANIZATION ARAB HUMAN AOHR .. Using the pretext of fear of terrorism loses its significance when restrictions are imposed RIGHTS on the civil society, on top of which come the human rights groups. A healthy civil society should only support human rights. Only then the civil society can become the IN THE ARAB WORLD HUMAN most vital factor in raising civil awareness, as well as curbing and eradicating terrorism. In the absence of a healthy civil society, anti RIGHTS -terrorism measures shall move in a vicious circle and all parties shall fail to fulfill common IN THE ARAB WORLD objectives and would finally lead to a total fiasco .. ..This report covers ... a period that was abundant with ambiguous events, due to the crimes committed, parties involved, and current and future outcomes. The report was not mistaken when it described the situation as a small-scale third world war taking place CAIRO REPORT OF THE ARAB ORGANIZATION FOR HUMAN RIGHTS on Arab territories. One third of the world 2016 THE STATUS OF HUMAN RIGHTS countries take part in one way or another IN THE ARAB WORLD through bilateral or collective alliances. The said war aims to restructure the regional and international balance of power. CAIRO 2016 AOHR HUMAN RIGHTS IN THE ARAB WORLD REPORT OF THE ARAB ORGANIZATION FOR HUMAN RIGHTS THE STATUS OF HUMAN RIGHTS IN THE ARAB WORLD CAIRO 2016 1 2 The report is prepared by Mr. Mohsen Awad In collaboration with Mr. Alaa Shalaby And : Mr. Mohammed Rady, Mr. Eslam Abol-Enien, Mr.
    [Show full text]